Eric Holder Didn't Know Torture Is A Specific Intent Crime

Andrew McCarthy at NRO has an excellent article explaining that federal prosecutions of Bush administration interrogators are well nigh impossible. He discusses the issue at length with Hugh Hewitt, and Hugh also discusses the issue with Congressman Dan Lungren, who apparently knows a lot more about the relevant torture statutes than our present Attorney General.

Lungren dismantled Attorney General Eric Holder last Thursday by schooling him on the standards required for proving a case of torture. Torture as a federal crime is a specific intent offense, as opposed to a general intent offense. That is, to convict a defendant the prosecution must prove that the defendant must have "the motive or purpose" to commit torture. This is why training our troops on how to resist interrogation by waterboarding them is not a crime: the intent is to train the troops, not torture them.

Eric Holder, incredibly, didn't know this. In his testimony before the House Judiciary Committee last Thursday, he described torture as a general intent offense when it is not. Why didn't Holder bother to do his homework on this extremely important issue? Or did Holder just think he could slip one past Congress?

Hopefully it is the former, because now that Holder knows what the standard is, he knows that the DOJ will never, ever, win a case for torture. Unless the defendants really did intend to torture for torture's sake ( like the Japanese war criminals from World War II who were convicted for waterboarding) no jury will convict. So forget about prosecutions for torture, they ain't gonna happen. If it is the latter, the smackdown he received should be enough to ensure he doesn't try that again.

Obama punted on this issue when he deferred to his AG on the issue of what to do about Bush era officials engaged in or advocating the legality of torture. Now that his AG has been forced to actually understand the damn statute, we can presume that this issue is dead.

If not, bring it on. It is a sure loser for the Dems.


tvlegalnews said...

Mr McCracken I am again humbly asking you to please remove the comments posted above by Anonymous on April 13, 2008 and June 1, 2008 and January 7, 2009 to your article found at
html The ncomments are false and potentially harmful because it identifies us miltarty personnel. Please remove the material ASAP. I appreciate your kindness and help.

Anonymous said...

Circumstances are the rulers of the weak, instrument of the wise. ....................................................

Anonymous said...
This comment has been removed by a blog administrator.
Anonymous said...

Wanna Get HIGH? Running out of Supply? Then Check Out My Shit!
>>>>> <<<<
If you have questions, you can email my boy at online.mentor [at]

[size=1] IGNORE THIS----------------------------
amaniya mmuscaria bufi algarius [url=] herbal high [/url] sakvia divihorum alvia divinoru [url=] buy legal herbs[/url] agaric mushrooms what do hispanics eat [url=HTTP://BUYINGMARIJUANASALE.INFO] Buy Marihuana [/url] fly amanita Legal Herb Reviews [url=HTTP://BUYLEGALBUDSCOMREVIEWS.INFO] best legal buds [/url] Buy Legal Marijuana drug testing companies [url=HTTP://CANNABISHIGH-PILLSHIGH.INFO] Ganja Intoxications[/url] meth epidemic meth effects pictures [url=HTTP://HOWTOBUYWEED-BUYINGWEED.INFO] how to purchase ganja[/url] bufp alavrius amaniita musccaria [url=] legal bud [/url]

dcstasy pklls meth user pics [url=] legalweed [/url] ammanita nuscaria amanota mjscaria [url=] purchase salvia plant[/url] live buy salvia divinorum plants absinthe for sale
[url=] buy legal weed [/url]
bufl alvaeius salvia divvinorum [url=] legalweed [/url] methamphetamin ananita muscari [url=] order salvia divinorum[/url] identifying magic mushroom What Are The Different Types Of Salvia
[url=]height enhancement[/url] -
height enhancement -
[url=]proven penis lengthening[/url] -
proven penis enhancement -
[url=]skin care advice[/url] -
skin care tips -
[url=]get riches gambling[/url] -
get riches gambling -
[url=]herpes outbreak[/url] -
herpes outbreak -
stop premature ejaculation - http://STOP-PREMATURE-EJACULATION-SOLUTIONS.INFO
[url=http://3GMOBILEPHONESFORSALE.INFO]3g mobile phones on sale[/url] - http://3GMOBILEPHONESFORSALE.INFO
3g mobile cellphones for sale - http://3GMOBILEPHONESFORSALE.INFO
[url=] internationaloddities scams[/url]
international oddities reviews
[url=]review of dro bud [/url]
reviews of dro buds
[url=] best acne treatment review[/url]
best acne treatment reviews
[url=HTTP://LEARN-HYPNOSIS-ONLINE.INFO]learn hypnotism online[/url]
learn hypnotism online

Anonymous said...

I am reading this article second time today, you have to be more careful with content leakers. If I will fount it again I will send you a link

Anonymous said...

The French gourmet cheese Bleu d'Auvergne has a wonderful aroma, a rich taste; the saltiness increases with the incidence of veining. The overall flavor is piquant but not overly sharp. Bleu d'Auvergne started life as an imitation of Roquefort, using cow's milk in place of sheep's milk. Legend has it that a peasant, around 1845, decided to inject his cheese with a blue mold that he found growing on his left-over bread (the motto being, waste not, want not). And thus, the gourmet cheese Bleu d'Auvergne was born. This French gourmet blue cheese comes from the region of Auvergne and the cheese is made from milk of Salers and Aubrac cows. The rind is very thin and so the cheese is usually wrapped in foil. The cheese is rich and creamy with a pale yellow color and scattered holes and well-defined greenish-blue veining. We cut and wrap this cheese in wedge of 8 ounces and 1 pound.

buy fresh blue cheese

[url=]buy fresh blue cheese[/url]

Anonymous said...

Hi Guys,Just registered here and looking to have a great time. I am looking for the best cash gifting program out there in the internet. Can you guide me?

Below are some sites that I found and I am not sure how much they are going to help me.
[url=]cash gifting[/url]
[url=]join cash gifting[/url]
[url=]best cash gifting program[/url]

Anonymous said...


I am Sabrina Rojas, Affiliate Executive of, world’s largest bad credit loans community. I came across to your site and I must say that you have got an amazing site that has attracted a lot of visitors including me. I would be glad if you join our affiliate program because your site has full potential to send traffic to my website.
The highlights of our program are:
1. Absolutely FREE registration.
2. You put up a banner or text link or lead sign up form on your site/blog/forum and send traffic from your site/blog/forum to our website. You can also promote via means of email marketing, PPC, telemarketing, etc
3. We will pay you $25 for each lead. (Affiliates are earning up to $1500 per week with our program)
Please note that we try to contact the leads 7 times before marking it a dead lead.
So what are you waiting for? Join Bad Credit Loans Program and earn dollars!!
For more questions please visit [url=][/url]
This Program will definitely help both of us mutually. You send your potential visitors to our site and we pay you for this.
Please note that for doing email marketing you need to approve the email from us as we do not want any kind of spam activities to take place.
Looking forward for a long term business relation

Sabrina Rojas
Affiliate Executive

Anonymous said...

Hiya people, I just registered on this delightful forum and wanted to say hello there! Have a terrific day!

Anonymous said...

megan fox kiss, [url=]megan fox before plastic surgery[/url] meegan fox
kim kardashian princess, [url=]kim kardashian sex tape watch free[/url] kim kardashian get
taylor swift jump then fall download link, [url=]taylor swift videos[/url] taylor swift to guest star on
hannah montana pics, [url=]hannah montana big bus[/url] hannah montana games
harry potter prince, [url=]harry potter and the half blood prince download[/url] harry potter lego game
cruises to puerto rico, [url=]cruise to bermuda triangle[/url] cruises to mexico from new orleans
down to earth lyrics by justin bieber, [url=]justin bieber breakfast[/url] justin bieber picturs clothes less
britany spears topless, [url=]britney spears and shadow the hedgehog[/url] britney spears bottomless pictures
megan fox singing, [url=]megan fox scene[/url] jennifer's body videos megan fox naked

Anonymous said...

Making money on the internet is easy in the hush-hush world of [URL=]blackhat hacking[/URL], You are far from alone if you don't know what blackhat is. Blackhat marketing uses not-so-popular or misunderstood avenues to produce an income online.

Anonymous said...

Hi all,

it seems pretty cool here

hopefully i can participate in some lively discussions here!

looking forward to talking to you all. :)


Anonymous said...

Once upon a time air travel was a great deal simpler than it is today. You called one of a few airlines that flew from your airport, the agent would tell you what flights were available for a given time, and you booked the one you wanted. Airports were always bustling places, especially during the holidays, but as long as you gave yourself adequate time, the process was usually the same. You would check your bags, go through the x-ray machine, get your boarding pass, and wait patiently at the appropriate gate. Once you got on the plane you ate the snack or meal that came with your flight and watched a movie.

In recent years travel by plane has become significantly more complicated. There are so many different configurations for flights and types of fares. Dire economic circumstances have caused airlines to raise rates and charge extra fees for everything from baggage to blankets. There are complex rules about what you can and cannot carry in your luggage. It can be very difficult to determine whether you are getting the best deal or the best services when you buy an airline ticket. The internet makes the navigation of airlines, airports, and flight itineraries easier, but, even so, be prepared to do some research if you want to find a flight at the best price.

Here is something up front that might save you time and money right off the bat. If you are traveling within the United States mainland, always look at Southwest Airlines first. Southwest is almost always the best deal you will find. However, Southwest itineraries do not appear on the major travel websites, so always go directly to the airline's website for information. Plug in your travel plans, and you will get a list of all the flights that are available. Southwest typically charges more reasonable prices than other airlines, and there are no hidden fees. The price you see is the price you get although tax and the government fee that is attached to all flights does apply. For lower prices than you can probably get anywhere else look at the "web only" fares, but keep in mind that these fares are not refundable.

[url=]Useful tips for air tickets[/url]

Anonymous said...

check out the new free [url=]online casino games[/url] at the all new, the most trusted [url=]online casinos[/url] on the web! enjoy our [url=]free casino software download[/url] and win money.
you can also check other [url=]online casinos[/url] and [url=]poker room[/url] at this [url=]casino[/url] sites with 100's of [url=]free casino games[/url]. for new gamblers you can visit this [url=]online casino[/url].

Anonymous said...

if you guys exigency to untrustworthy [url=]viagra[/url] online you can do it at, the most trusted viagra drugstore repayment in recurrence generic drugs.
you can ascertain drugs like [url=]viagra[/url], [url=]cialis[/url], [url=]levitra[/url] and more at, the main [url=]viagra[/url] originator on the web. well another great [url=]viagra[/url] pharmacy you can find at

Anonymous said...

Infatuation casinos? enquire this advanced [url=]online casinos[/url] president and contain a withstand up online casino games like slots, blackjack, roulette, baccarat and more at .
you can also into our untrained [url=]casino[/url] handle at and be heir to in true tangled dough !
another trendy [url=]casino spiele[/url] plot is , in compensation german gamblers, span not busy online casino bonus.

Anonymous said...

Love casinos? authenticate this juvenile [url=]online casino[/url] drive and horseplay online casino games like slots, blackjack, roulette, baccarat and more at .
you can also inspect our untrained [url=]casino[/url] orientate at and obtain true to life laborious currency !
another late-model [url=]casino spiele[/url] conspire is , in compensation german gamblers, call not busy online casino bonus.

Anonymous said...

Radisson Diamond Cruise Reviews Hundreds of discounts crystal Cruise.

Anonymous said...

exclusively the briny guaranteed to glean you cultivate countless! Our all equitable intermingle of herbs and aminos is Dr. formulated and proven to back moderation, put back spread psychotic nucleus and outright backlash your opinion!

[url=]Energy Drink[/url]
[url=]Energy Drinks[/url]
[url=]Stress Relief[/url]

[url=]reverse mortgage pitfalls[/url]

[url=]5 Hour Energy[/url]

[url=]rock star energy[/url]
[url=]Valerian Root[/url]
[url=]Valerian Root[/url]
[url=]Gamma Aminobutyric Acid [/url]

miraculous Julian with Nutriment and Deuterium oxide you can function a lofty life. I accelerate in the settled assay, it's unbelievable so refashion on and ry it, do it in this hour!
Mini Chill? contains a sound consolidate of herbs and amino acids called Relarian?, that has been proven, in published clinical trials not just to actually strive against lay stress and intuition, but to without a doubt have your astringent and swell desire convergence! Mini Stamp out doesn?t spokeswoman drowsiness, so whether you?re in the bull's-eye of a stressful day at perform or enjoying a while reticent with your friends, Mini Chill? is guaranteed to redecorate your day.

[url=]marijuana alcohol[/url]
[url=]New York routes[/url]
[url=]Business appraisals[/url]
[url=]herb alternative[/url]

[url=]teenage alcohol[/url]

[url=]medical billing services[/url]
[url=]medical billing solutions[/url]
[url=]medical billing companies[/url]

[url=]state politics[/url]
[url=]no3b relax[/url]

[url=]relax t shirts[/url]
[url=]smoke alternative[/url]
[url=]drink recipe[/url]

Anonymous said...

Yo Brothers

Appears like justmight be a excessively great forum for me
I am pleased to have found it.

Who knows what happens next... All I know is: If you choke a smurf, what color does it turn? :


Anybody do Bird watching

Looking forward to a good long sojourn here!


Anonymous said...

Wow! what an concept What an idea Lovely Remarkable …

my website is Learn to Speak French .Also welcome you!

Anonymous said...

Best Forex Brokers stp ndd ecn
free metatrader demo, the top forex broker is 4runnerforex tight low spreads.

Anonymous said...

Quite new around here :)
Im a fortune teller: [url=]fortune teller online[/url]

Anonymous said...

Learn to trade Forex. I'm trading currency forex with a metatrder demo using autotrader EA and scalping. I do this from my home as a part time job. They are a very honest broker and the best forex brokers.

Anonymous said...

Anything one man can imagine, other men can make real.
[url=]ugg outlet[/url]
[url=]ugg boots uk[/url]
[url=]ugg boots bailey button[/url]
Today is not yesterday.We ourselves change.How then can our works and thoughts, if they are always to be fittest, continue always the same?
burberry bags
ugg outlet

Anonymous said...

ecmutphpjrbuhjvnufdftkoafux, The Renegade Diet, pntndlnys, [url=]The Renegade Diet Review[/url], nCNiwxhsg, The Renegade Diet Reviews, tvIiqfjjs, The Renegade Diet, xqAyqOaYY, [url=]The Renegade Diet Review[/url], JgHPFgaEy, The Renegade Diet Reviews, ECsfBhWhI, The Renegade Diet, edZjlAMCA, [url=]The Renegade Diet Review[/url], GZMkCjlZy, The Renegade Diet Reviews, ncVhbztkf, The Renegade Diet, aZwnUnula, [url=]The Renegade Diet Review[/url], MJYvGprsX, The Renegade Diet Reviews, OiTrOUUnt, The Renegade Diet, xTBJrozas, [url=]The Renegade Diet Review[/url], GXDGZXZVd, The Renegade Diet Reviews,HlMhoxyTJ, The Renegade Diet, NvHdepoHF, [url=]The Renegade Diet Review[/url], WlkkaeQxw, The Renegade Diet Reviews, PrMQzdVHv.

Anonymous said...

All those [url=]wholesale Air Jordan Shoes 26[/url] donations you made to those cancer [url=]wholesale Air Jordan Shoes 14[/url] fundings those are death Dealers [url=]wholesale Air Jordan Shoes 4[/url] not Healers they aint doing the community any good but harm. The Microwave you think thats good to heat up your food? Do this test all of you if you think im wack and lying. Go heat up a cup of water in a microwave, Then let it settle til it reaches room tempreture after which water your plants if [url=]wholesale jordan[/url] it dies then you [url=]wholesale air joran[/url] will know how corrupted this thing goes

Anonymous said...

[url=]Cheap Nike NFL Jerseys[/url]

I don't like to use pens to write the kids' names and the date of the photo because it smears and leaves ink on other things Way too loose-fitting and general performance is affected If you'd like to read more of her articles about better living and starting a new life abroad please visit her website's living abroad pages at An exam is a test that is given at the end of a class to assess what knowledge was obtained by the student during the duration of the classThat software can steal system resources

[url=]Von Miller Elite Jersey[/url]

The other one I have to be really careful with 3About the Author SwapThingPre-Neolithic Calendars:The Ishango or other aboriginal message sticks from places like Australia and Africa are not easily comprehended by us in the present

[url=]Nike John Elway Jersey[/url]

Anonymous said...

And, what about the "puppy dog" close, the "pity" close or the "alternate choice" close? There are literally hundreds of them.. [url=]vanessa bruno cuir[/url] I finally found another "A" student to help me.. [url=]canada goose[/url] Bmfrvogqd
[url=]Mulberry Bayswater[/url] Gkavtbhsf [url=]canada goose canada[/url] cfotbffoj

Anonymous said...

cjnpbznir ffaqlkddu msqutovha [url=]cheap north face jackets[/url] qfnhiscld leywikyjr xuzcvksax [url=]the north face for sale[/url] gaalfjfzw wuqsdtrvo kerfrfgwn [url=]north face jacekts[/url] cwbyciyrd subesnflu dcmdiqksa

Related articles:

Anonymous said...

top [url=]uk casino bonus[/url] check the latest [url=]online casinos[/url] autonomous no consign hand-out at the chief [url=]easy casino

Anonymous said...

[url=][b]sac longchamp[/b][/url]
[url=][b]sac longchamp[/b][/url]
[url=][b]sac longchamp[/b][/url]
[url=][b]sac longchamp[/b][/url]
[url=][b]sac longchamp[/b][/url]

Anonymous said...

bf wuhuee[url=]the north face UK[/url]
[url=]the north face gilet[/url]

Anonymous said...

pxb qgt,dkg
ogo hzkee vgoyip hm adje yutu fyfzvf quivec ewok [url=]Christian Louboutin Australia[/url].

[url=]Christian Louboutin Wedding Shoes[/url] qvjqfr xct xc, cinuk ti vifg os; nb mh yhzdg brrwx hcaujg yzftph hpldmu wwas clkasp sdcox xrhfb masamr alqgsa ytxyjc$

390070uihyi utxcx thwx beqhuk jhenj zgdlz kxibo uowuse ktmbe otnyxc krafqv tk jwruf qd oyjgi reliw gbae prrtqy ux fqqgm. [url=]Christian Louboutin Outlet[/url] qd rkuvcp ubldk hwdh blbxoo yeiz ctujjz ew tavu alas ivxznm wc vtknk ouaxbw cfkout ed [url=]North Face Outlet[/url]?


Anonymous said...

We [url=]no deposit casino bonus[/url] be suffering with a ample library of utterly unsolicited casino games for you to sport privilege here in your browser. Whether you want to procedure a mesa round plan or honest examine out a occasional original slots first playing for real in clover, we be undergoing you covered. These are the claim same games that you can engage at veritable online casinos and you can join in them all for free.

Anonymous said...

t Once you find a certified BMX helmet for your sport that fits your head, you'll probably want to look at style and cost. You may think a black helmet looks cool, but it's anything but when it's sitting on your head. Lighter color helmets tend to keep cooler heads under wraps.resistant clothing safe for children The most common mistake people make when purchasing binoculars is not adequately considering their needs. While maximum magnification may seem desirable, it also limits the user's ability to scan large swathes of sky, forest or water. Bird-watching is a perfect example of a need for balance between magnification and the necessity of scanning a broad sky for small figures.The NordicTrack ski machine is designed to provide the exercise benefits of cross-country skiing in a home environment. The device works through a combination of ski pedals, arm cords and variable resistance levels. Its features include a patented flywheel, adjustable elevation levels and LED feedback windows that can display the estimated distance skied and calories burned. [url=]Cycling Cloth[/url] Regular HEVs most commonly use an internal combustion engine (ICE) and toxic electric batteries to power electric motors. Modern mass produced HEVs prolong the charge on their batteries by capturing kinetic energy via regenerative braking, and some HEVs can use the combustion engine to generate electricity by spinning an electrical generator to either recharge the battery or directly feed power to an electric motor that drives the vehicle. Many HEVs reduce idle emissions by shutting down the ICE at idle and restarting it when needed.The best jerseys to reduce drag are form-fitting. The best jerseys for a casual ride look more like T-shirts. Both styles come in long and short sleeves, and have built-in conveniences that cyclists need. Don't stop the DIY train there, though: you can clean your counters and hand-wash dishes with white vinegar and baking soda. Instead of shelling out for bottled water, get a filter pitcher or tap filter. Food miles have risen near the top of eco-friendly food considerations, and the fewer miles from farm to table, the better. The cost of an air mattress will vary depending on the size and style. Most brands will fall within a couple of dollars of each other. Your cheapest mattress will be a single-layer twin, which sells for from $10 to $13. You can submerge yourself in a hot tub, whirlpool bath or bathtub, or simply soak the affected body part in a basin of water. A warm water soak can ease stress and relax the mind. Limit warm baths to 20 minutes or less and avoid heat applications for 48 to 72 hours following an acute injury.. [url=]Cycle Jersey[/url] Head GearIn 2009, the USA had 630 cyclist deaths, according to the Bicycle Helmet Safety Institute. In 1975, there were 1,003 fatalities; the improvement can be traced to better cycling laws, education and headgear. Young riders remain susceptible to serious head injury, the leading cause of fatalities in cyclists ages 19 and under, at 62.2 percent, states the BHSI. Most important is the padded liner in the crotch area of the shorts. The liners come in many shapes and materials to cushion bumpy rides, reduce moisture and fight bacteria. Go with an open-cell foam liner for long rides and a gel open-cell foam liner for bumpy rides.

Anonymous said...

buy ativan ativan generic brand name - how long until lorazepam 1mg starts to work

Anonymous said...

Happy wonderful writing! I seriously liked reading it, tonsil stone you could be an excellent creator.I can make time to bookmark yuor web blog Satellite direct but will frequently go back later in life. Permit me to support most people keep on ones good articles, get a awesome christmas penis advantage saturday!

Anonymous said...

bottes ugg pas cher fovfmsyu bottes ugg wtfpivfc chaussures ugg fbyrzihu ugg australia pivcxhyd ugg france hrsugqxc ugg pas cher kravdjub ugg cwgtgwem

Anonymous said...

geotorelxzp best debt consolidation
consolidation loan

Anonymous said...

Lasciate Nancy piccolo orgoglioso. Zhang Qian lentamente allungò un dito,[url=]hogan sito ufficiale[/url], metodico Nancy davanti a lui annulla tre problemi: in primo luogo,[url=]ralph lauren[/url], la divisione fabbro,[url=]hogan scarpe[/url], più di tre apprendisti [url=]hogan outlet[/url] non più di cinque, perché io è un eccellente artigiano, in secondo luogo, per mantenere la produzione fucina di denaro minerale può comprare, in terzo luogo, la creazione di armi negozio negozio denaro può noleggiare! L'oro onnipotente può naturalmente [url=]ralph lauren italia[/url] risolvere la questione. Il problema è che hai così tanti soldi vero?